Child Support Enforcement
Addressing a Failure to Pay Child Support in New York
If your ex-spouse is failing to fulfill his or her legal obligations regarding
child support, or you have been accused of this yourself, you should talk
to a New York divorce lawyer at Eiges & Orgel, PLLC right away. Failure
to pay child support as ordered by the court can result in wage garnishments,
property liens, a revocation of one’s driving privileges, being held in
contempt of court and even jail time. It can also impact one’s credit history and
cause financial and legal complications well into the future.
If you are not receiving the support you should be receiving, we can help
you take steps to protect your rights and those of your child. If you
have been falsely accused of failing to meet your obligations or are having
trouble doing so, we can help. Child support obligations cannot be discharged
through unemployment or bankruptcy, nor voluntarily waived by the recipient.
Under certain circumstances, however, you can request to
modify your child support payments so that they are more in line with your ability to pay.
Do you need help with a child support enforcement case in New York?
Contact Eiges & Orgel, PLLC today for a
no-cost, comprehensive case evaluation.
How to Collect Overdue Child Support in New York
If you are owed child support by your former spouse or the other parent
of your child, it is important to understand that you have options. In
the state of New York, you can choose to enforce a
child support order in one of two ways: through the New York Division of Child Support
Enforcement (DCSE) or by way of a court order. When you work with the
DCSE, they may be able to help you collect on overdue child support by
garnishing the other parent’s wages or seizing money from their
bank account. However, the DCSE will not assign a lawyer to your case.
This means that the case will not be handled in court.
In most cases,
a family court judge will have greater means to enforce a child support order, and can even punish the non-compliant parent in ways that the DCSE simply
cannot. By hiring a knowledgeable family law attorney from
Eiges & Orgel, PLLC, you can fight to enforce the terms of your child support agreement in
court. When you work with our firm, we will file all necessary paperwork
on your behalf and vocalize your concerns at your hearing. We will then
ask the judge to enforce the terms of your court order so that you and
your children can begin to receive the level of financial support that
you rightfully deserve.
The judge can enforce a child support order by:
- Garnishing the non-paying parent’s wages or income
- Seizing the non-paying parent’s personal property
- Placing a lien on the non-paying parent’s business or home
- Ordering the revocation of the non-paying parent’s license
- Intercepting the non-paying parent’s tax refunds
- Placing the non-paying parent in contempt of court
If I lost my job, do I still have to pay child support?
You could face legal action if you fail to meet your child support obligations,
even if you no longer have the financial means to pay support. For this
reason, it is highly recommended that you discuss your case with an experienced
family law attorney at our firm before it gets to this point. We can help you
seek a modification from the court. In doing so, we could request to have your child support
payments reduced so that they are more in line with your current ability
to pay support. Call now to learn more about your options.
Handling Complex Family Law Matters for 30+ Years
In addressing child support issues, the New York City divorce attorneys
at Eiges & Orgel, PLLC endeavor to keep the proceedings focused on
the best interests of the child. Child support is not intended to punish
or reward one parent; rather, the most important factor is ensuring that
payments are in place so that the child can receive the care he or she
deserves. With over 30 years in practice, we have extensive experience
in addressing all manner of conflicts between ex-spouses. Our personal
approach means we will consult with you directly to determine the most
suitable approach for your personal circumstances and needs.
If you need help with child support enforcement,
contact our New York divorce lawyers today.